urgent help with hedges in a conservation area

[lawranced1]

Where are you getting this from??

 

You seem very confused, conservation areas are about maintaing the character of an area, it includes walls,buildings,street furniture,etc,etc.

 

You need permission for conservatories a to change the external colour of your house etc.

 

You do need "permission" to carry out tree work, you must give the council notice of your intention to carry out tree works, the council can then place TPO on the tree, you would then need to apply to carry out the work.

 

The fines are TPO fines, if you fell a tree in a CA without notification the tree is treated as though it was TPO'd.

 

Your missing the point,

 

In the United Kingdom, the term Conservation Area nearly always applies to an area (usually urban) considered worthy of preservation or enhancement because of its special architectural or historic interest, "the character or appearance of which it is desirable to preserve or enhance," as required by the Planning (Listed Buildings and Conservation Areas) Act 1990 (Section 69 and 70).

 

In Conservation Areas, it is the protection of the quality and special interest of the neighbourhood or area as a whole that is intended, rather than specific buildings. For example, the layout of boundaries, roads, vistas and viewpoints, trees and green features, street furniture and surfaces, the characteristic building materials of the area, the mix of different uses, and the design of shop fronts may all be taken into account when deciding whether an area has a particular special architectural or historic interest.

 

so a tree in a conservation area, could be in a field or side of the road, can't just be cut down with out first go through the motions hence as i said

 

The law requires that anyone proposing to cut down or carry out any work on ANY tree in a conservation area must give the Council six weeks notice of their intentions. Work may only be undertaken either when permission has been given or the six weeks has expired. Penalties: For cutting down or destroying a tree, a fine of up to £20,000 can be imposed – and the landowner is also required to replace the tree that was removed. For less serious offences, the penalty is a fine of up to £2,500.

 

so coming back to the original post you can not cut down a 10m 'hedge' in a conservation area because by definition it is classed a tree!!

Edited January 24, 2012 by lawranced1

[skyhuck]

 

so coming back to the original post you can not cut down a 10m 'hedge' in a conservation area because by definition it is classed a tree!!

 

Not when its a hedge made up of "shrubs" not trees

[lawranced1]

I see the problem, was the laurel 10m high or 10m in length?

[skyhuck]

Length.

[Jesse]

Hi we had someone in to take out a 10 mtr laurel hedge which is in a conservation area, but the council said we shouldnt have removed it, i wasnt aware that hedges were covered by TPO or conservation rules, can someone please help to know if we have broken the law by doing this and if so what we can do about it.

 

I think its a great shame you could not be botherd to contact your LPA in the first place forget TPOs - Conservation area what about Wildlife and Countryside Act 1981? - Hedgerow regulations 1997?, - Habitats and species Regs 2010 ? Had you just made the call in the first place all would be clear- dont worry on this accation you are not in the poo, that is if you are correct about the sp- Laurel and the 10mtr - 20mtr being the max- I think this time its your LPA flexing there muscles, just give him a call and chat about it , meet on site if need be, you wont get a fine, or if they push just appeal and it will be dropped. hope that helps.

[Jesse]

I think its a great shame you could not be botherd to contact your LPA in the first place forget TPOs - Conservation area what about Wildlife and Countryside Act 1981? - Hedgerow regulations 1997?, - Habitats and species Regs 2010 ? Had you just made the call in the first place all would be clear- dont worry on this accation you are not in the poo, that is if you are correct about the sp- Laurel and the 10mtr - 20mtr being the max- I think this time its your LPA flexing there muscles, just give him a call and chat about it , meet on site if need be, you wont get a fine, or if they push just appeal and it will be dropped. hope that helps.

 

ps I cant believe haw much steam this thead has produced, you all need to go back to arb school

[Pedroski]

KJJames, the Wildlife and Countryside act, as far as I am aware, doesn't cover domestic hedges. Thinking about it, I don't know if the OP was referring to a domestic hedge.

[yourm9]

its in a pub car park

[Xaltu]

Naturenet law pages are a useful resource when wanting to make quick checks about legislation. The problem with laws is that they get superseded in part by other laws so the only way to know for certain is to read every single piece of legislation and the later associated pieces. To my knowledge a defense based on 'it said on the web it was ok' will be insufficient.

 

With with specific regards to the Wildlife and Countryside Act 1981 (as amended) it is the birds nesting in the hedge that are protected not the hedge itself. The location of the hedge however is an important factor as it might be protected under an overall 'habit protection' such as SSSI.

[lawranced1]

how funny!!!